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pc_01 29 1991LITTLE ROCK PLANNING COMMISSION PLANNING HEARING MINUTE RECORD JANUARY 29,1991 1:00 p.m. I.Roll Call and Finding of a Quorum A quorum was present being seven in number. II.Approval of the Minutes of November 6,1990. III.Members present: Fred Perkins H.Bradley Walker Rose Collins Jerilyn Nicholson Kathleen Oleson Joel Selz Stephen Leek Members Absent:John McDaniel Walter Riddick,III Connie Whitfield George Wells City AttorneY:Stephen Giles January 29,1991 PLANNING Item No.1: ~Re ~:Rezone various properties to eR 2e eR 3e Single Family and "R-5"Multi-family Location:Various within Hillcrest area ~AlicgRL:City of Little Rock ~COMMENT: At the request of the Hillcrest Residents Association,Staff x'eviewed,the Hillcrest area for possible rezoning to lesser intensity.Areas suggested by the Association were reviewed.If the parcels were used as zoned,the parcel was removed from consideration.Of the remaining parcels,if the adopted land use plan called for a less intense use than the zoning and was consistent with the use,then staff proceeded. The reduced group of some 250 plus parcels were shown on the plan are currently used for a less intense use than the zoning.Staff next mailed a lettex to each of these property owners telling them what their new zoning would be and inviting them to a meeting at Pulaski Presbyterian Church.Between phone calls and attendexs,over a hundxed individuals contacted the department.Only about a dozen asked the Staff not to rezone their property.These parcels have been x'emoved. Staff met with the community (Hillcrest Area Residents)on October 16,1990,to discuss this issue.Thexe was genexal support from the neighborhood and at this point,the Plans Committee was presented with the proposed rezoning of just: under 240 parcels.Over 200 of these paxcels are currently zoned "R-4"duplex and are to be rezoned "R-2"or "R-3" single family.The Plans Committee gave the go ahead to notify property ownexs and advertise fox a public hearing. The second letter and official notice of rezoning was mailed Januax'y 7,1991 to all propexty owner's and a legal notice published January 10,1991. January 29,1991 Ite o.1 o tinu d In all cases,the zoning requested is in conformance with the adopted plan for the area and in all cases,Staff beli.eves that,the existing use i.s in conformance with the new zoning (except one case for which the property owner spoke with staff and did not request removal of their property). STA F R NDA Approval. PLANNING COMMISSION ACTION."(January 29,1991) Ron Newman,Planning Manager indicated that this action was initiated at the request of the Hillcrest Residents Association (HRA).The staff reviewed,the area ,conducted two public meetings in the neighborhood and notified affected property owners twice.As a result of these actions some 20 parcels were removed. Commissioner Walker asked if regular or registered mail was used.Mr.Newman stated regular mail was used and Mr. Giles,City Attorney stated that the notice given was adequate. Mr.Newman stated most property owners were supporti.ve and many were surprised to find they were not zoned single family.At this point Mr.Malone,Planning staff and Mr. Newman reviewed the parcels which would not.be rezoned but had been advertised for rezoning action.(On a map as well as the legal descriptions below), Parcels removed from the rezoning request: Riffel Rhoten Ridgeland Additi.on Block 1 lot 7 322 Pine Block 2 lots 15 &21 307 Elm &405 Elm Block 4 Lot 15 210 Pi.ne Glendale Addition Block 1 lots 1,2,3 410 Rose &4309 Lee Block 2 lots 3 &4 410 N Walnut Block 4 lots 10 &11 319 N Walnut Pinehurst addition Block 3 lot 15 4119 B Street January 29,1991 d East Pulaski Heights Addition Block 12 lot 9 623 Midland Pulaski Heights Addition Block 33 lot.3 601 N Jackson Block 39 lot 9 700 N Monroe Commissioner Walker asked whether there was a precedent for this action.Nr.Dawson,Director stated this was the first. time for such a large area to be rezoned;however,the City has rezoned large areas without the request of the owner before.Further,the Board of Directors has the right to zone any land with reasonable notice.Mr.Giles indicated the owner has the right of appeal.Commissioner Walker asked about vested rights with the zone change.Mr.Giles indicated the vested right question has been taken care of with the notice and the fact.that all requests by owners that their property not be rezoned has been granted. In response to a question about why duplex areas should be rezoned single family and leave several parcels duplex,Mr. Malone indicated two reasons.The first reason for the action is to preserve the single family character of the area and to address the over taxed street system in the area.Additional high concentrations of duplexes could worsen an already bad situation on the streets.As for the duplex lots which will remain this is not that unusual an occurrence in the older parts of town. Commissioner Oleson reminded the Commission the original request was from the neighborhood and there appears to be general support. Commissioner Nicholson stated a concern about notice and Commissioner Walker stated a petition from the owners would be better.He went on to say that if the inventory of duplex land is reduced than the Commission should be open to requests for duplex zoning in other areas.Hillcrest s value and vitality is due to not being homogeneous.Nr. Giles indicated the Conditional Use process could also be used for additional Duplexes. Ms.Jane NcCallum,HRA President,thanked staff for the work on this proposal and commented on notice given by staff and the HRA about this issue.The rezoning is need to retain the single family character of the neighborhood.Further, the HRA has not received any negative comments on this proposal.The area residents are aware and endorse this change. January 29,1991 Ite Tom Johnson,HRA,stated we should think of this as making 230 nonconforming uses conforming.Hillcrest has been balanced (age groups,SF/NF,etc.),to rezone these large areas of duplex will keep the balance.Each new duplex request can then be reviewed to make sure balance is maintained.If we were asking to zone all these parcels to duplex the room would be packed with opposition. Mr.Malone reviewed the land use plan vs.the zoning request as requested by Commissioner Walker. Commissioner Nicholson moved for approval.By a vote of 6 for,0 against,1 abstention (Walker)and 4 absent (McDaniel,Riddick,Wells,Whitfield)the proposal was approved. January 29,1991 PLANNING ~OT ~~ Mr.Lawson showed the Commission the C-Store proposal a PCD at "The Ranch".There was some discussion about the Commission's previous action on the application. Commissioner Nicholson asked about a temporary replacement for Commissioner Riddick.Mr.Giles stated he would research the issue and get back to the Commission in two weeks. There being no further business before the Commission,the meeting was adjourned at 2:00 PM. Date: e et,a airman PLANNING COMMISSION ROSTER ATTENDANCE SHEET DATE WILL WILL NOT NAME ATTEND ATTEND ACTION COMMENTS COLLINS,ROSE kid ~P~4LEEK,STEPHEN A. MCDANIEL,JOHN fry WELLS,GEORGE z NICHOLSON,JERILYN ' is ll OLESON,KATHLEEN PERKINS,FRED RIDDICK,WALTER Walker,Bta6 WHITPIELD,CONNIE PLANNING COINNNSION VOTE RECORD DATE 39 2~)9 ITEM NUMBERS Rose Collins Stephen Leek John Hc0anie'I Jerilyn IIicholson Kathleen 01eson Fred Perkins v ~pe'~g Malter Riddick 6 IF Joe M.Selz Brad Malker Geor e Mails Co e itic d Rose Collins Ste hen A Jeri lyn Ni chal son Kathleen Oleson Fred Perkins Malter Riddick Brad Ma'Iker Geor e Me'Ils Connie Mhitfield +AYE Q NAYS +ABSENT +ABSTAIN